Abstract
The chapter provides an explanation of the differentiated treatment children receive when they face state-initiated separation from their parent in two court venues in England and Wales. The practice of the family court in public law care proceedings and the practice of the criminal court in sentencing proceedings are explained. The chapter moves on to a chronological account of the increased visibility of women in prison since 1997 and the concerns which have been raised about their children. I offer analysis of the increase in the female prison population which occurred despite no corresponding increase in volume or seriousness of offending before addressing the outcomes of such imprisonment for children. An overview of what is currently known and understood about children with a parent in prison leads to the remainder of the chapter which focuses on the way the impact of parental imprisonment on children is conceptualised in the literature. Drawing on the work of a number of theorists I set out a new conceptual framework within which the differentiated treatment of children of imprisoned mothers will be interrogated.
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Notes
- 1.
Following work, I undertook with the Effective Probation Practice—Performance Directorate, Her Majesty’s Prison and Probation Service when producing the ‘Safeguarding Children When Sentencing Mothers’ film series (Minson 2018) the March 2019 interim guidance on Pre-Sentence Reports included a requirement that court probation staff must ask for an adjournment to prepare a full PSR in any cases where the defendant has dependent children (HMPPS 2019). On 1 October 2019, an ‘Overarching Principles’ Sentencing Guideline became effective, which encourages sentencers to ask for a PSR in these circumstances. There is more extensive discussion of this in Chapter 10.
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Minson, S. (2020). The Invisibility of Women and Their Children in the Criminal Justice System. In: Maternal Sentencing and the Rights of the Child. Palgrave Socio-Legal Studies. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-32738-5_2
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